Clause 40 - Care workers: sexual activity with a person with a mental disorder or learning disability
Sexual Offences Bill [Lords]
5:00 pm
Ms Harriet Harman (Solicitor General, Law Officers' Department; Camberwell and Peckham, Labour)
Amendments Nos. 146 and 147 and 185 and 186 seek to provide a defence for care workers who provide hands-on sex education, such as teaching a person to masturbate or getting them to masturbate themselves, in the strictly limited circumstances that the hon. Lady laid out—that is, where there is no alternative way that sex education can be provided. We understand the point of view of care workers who believe that a hands-on approach to sex education is an important part of the care that they provide.
We have considered the issues surrounding a sex-education exception carefully, and took a wide range of soundings from relevant organisations both when the Bill passed through another place and when considering this proposal. We have not found any consensus as to the legitimacy of such forms of sex education among the learning disability charities, even in the more limited circumstances proposed in the amendments. Some of them believe that it is never appropriate. This is a contentious subject.